Okaloosa County BOCC — September 3, 2013 — FAC Public Safety — reading text

2013 Public Safety Policy Committee Meeting Thursday, September 19, 2013 10:15 a.m. to 11:45 a.m. Meeting Room: Regency East Co-Chairs Co-Vice Chairs Audrey Edmonson, Miami-Dade County Christine Robinson, Sarasota County Lee Pinkoson, Alachua County Bill McClure, St. Johns County AGENDA 10:15 a.m. INTRODUCTION & OPENING REMARKS 10:20 a.m. ADULT CIVIL CITATION PROGARM  Barney Bishop, Bishop Consulting, LLC 10:40 a.m. DJJ: SECURE DETENTION UPDATE  Lisa Hurley, FAC Staff 11:00 a.m. REVIEW OF DRAFT PUBLIC POLICY STATEMETNTS  Lisa Hurley, FAC Staff 11:15 a.m. REVIEW OF DRAFT EMERGENCY MANAGEMENT POLICY STATEMENTS  Eric Poole, FAC Staff 11:30 a.m. OPEN DISCUSSION 11:45 a.m. CLOSING REMARKS/ADJOURNMENT Marriott West Palm Beach  Palm Beach County Updated 9/9/13  Public Safety Policy Committee 2013-14 Policy Statements Lisa M. Hurley, Legislative Advocate Public Safety lhurley@fl-counties.com Phone: 850-922-4300 Fax: 850-488-7501 CONSENT ITEMS: JUDICIAL SYSTEM Article V: SUPPORT reducing or eliminating the requirements of s. 29.008(4)(a), F.S., that require counties to fund certain court expenditures by 1.5 percent over the prior county fiscal year. Explanation/Update: In 2013, counties successfully obtained an exemption from having to increase annual funding for court-related functions by 1.5% under section 29.008, Florida Statutes, for FY13-14. Pretrial Service Agencies: SUPPORT maintaining county ability to provide non- monetary and risk assessment pretrial release services that ensure the safety and welfare of local communities by preventing new offenses and ensuring those appear as obligated. OPPOSE legislation limiting the discretion of the first appearance judge, requiring written reports and eliminating the presumption of release on non-monetary conditions. SUPPORT changing pretrial program reporting requirements as provided in s. 907.043, F.S., from weekly to monthly updates. OPPOSE legislation that restricts pretrial services to only indigent defendants and SUPPORT legislation that requires bail bondsmen to report information as required of pretrial service agencies in s.907.043 F. Small County Courthouse Funding: SUPPORT continued state general revenue funding for capital improvements to county courthouses and other court-related facilities located in rural counties. Traffic Hearing Officer Program: SUPPORT full funding for traffic hearing officer programs statewide and allow magistrates to handle cases resulting from red light camera offenses. 1 IMPACTS TO COUNTY JAILS Inmate Medical Costs: SUPPORT legislation that reduces jail expenses by setting a reimbursement amount paid by counties to medical providers for health care services for inmates and arrestees at no higher than the established Medicare rate plus 10%, the same rate as currently charged to the Department of Corrections, unless there is an existing contract in place or a business practice providing a lower rate. Shift of Prison Inmates to Jails: OPPOSE any efforts to shift inmates with less than a year on their sentence at the time of sentencing to jails instead of prisons. Explanation/Update: As part of its annual budget reduction exercise, in 2012 the Departments of Corrections proposed amending s. 944.17(3)(a), F.S., to state that only persons with 1 year or more left on their sentences (at time of sentencing) are to be sent to prison. Such a change would have meant more than a $100 million cost shift to the counties. FAC worked aggressively against the proposal and it was not included in the Governor’s Budget Recommendation or in any legislation. Mentally Ill and Substance Abuse: SUPPORT increased funding of the Criminal Justice Mental Health and Substance Abuse Reinvestment Grant Program with recurring dollars in a trust fund. SUPPORT sustainable matching state funds to counties that have received both planning and implementation Reinvestment Grant funds. JUVENILE JUSTICE Juvenile Detention: SUPPORT the state taking full responsibility for funding and operation of detention facilities serving juveniles, both for pre-disposition and post- disposition days and implementing juvenile justice reform, as recommended by the Detention Cost Share Proviso Workgroup. In the alternative, SUPPORT the dissolution of the current shared County-State Detention relationship in a manner that eliminates the administrative burdens for all parties and establishes a more collaborative and equitable detention model. Explanation/Update: In June 2013, the First District Court of Appeal in DJJ v. Okaloosa, et al. (Case No. 1D12-3929) affirmed a DOAH Final Order in Okaloosa, et al. v. DJJ (Case No. 12-0891RX) that invalidated rules DJJ promulgated to administer the cost/share relationship. The practical effect of which was that, for years, DJJ improperly shifted financial responsibility for detention days to the counties. County costs estimates for FY13-14 dropped from $71 million to $32 million, leaving the State with a budget deficit to fund. It is expected that the Legislature will look for ways to mitigate additional funding requirements, which may present an opportunity to establish a more equitable detention model. 2 Cost of Care: SUPPORT legislation allowing counties to charge juveniles, or the parents of juveniles, for the costs of providing pre-adjudicatory, secure detention care based on their availability to pay. Juvenile Assessment Centers (JAC Centers): SUPPORT state funding of JAC Centers throughout Florida to strive to achieve equal treatment of youth offenders. GENERAL PUBLIC SAFETY Crystal Methamphetamine: SUPPORT dedicated state funding for local and regional crystal methamphetamine enforcement, cleanup, and treatment. Synthetic Drugs: SUPPORT expanding the controlled substance schedule to include new iterations of synthetic formulas that mimic the effects of illegal drugs. SUPPORT prohibiting certain types of packaging and marketing of any products claiming to mimic the effects of illegal drugs. Explanation/Update: In 2013, SB 294 expanded Schedule I of the controlled substances register to include 22 new formulas of synthetic drugs; all 22 formulas were included in the Attorney General’s December 2012 Emergency Order. FAC supported the legislation throughout the process. Pain Management Clinics: OPPOSE preemption of the regulation of pain management clinics to the state. Explanation/Update: In 2013, SB 1192/HB 831 sought to preempt, or at least in part, restrict counties’ ability to regulate pain management clinics and their practitioners. FAC opposed the effort and both bills eventually died during the final days of session. County Emergency Radio Systems: OPPOSE legislation that would shift funds or impede counties from building and maintaining an interoperable radio communication system as authorized by statute. Crime Lab Funding: SUPPORT additional funding for locally-operated crime analysis laboratories. Copper and Other Metals Thefts: SUPPORT legislation strengthening laws related to copper and other metals thefts and secondary metals recyclers to deter thefts from local governments, businesses and individuals. SUPPORT legislation increasing the penalties for illegal purchase of scrap metals. OPPOSE legislation preempting local scrap metal ordinances from being more restrictive. 3 NEW AND REVISED ITEMS: JUVENILE JUSTICE Juvenile Detention: SUPPORT legislation that codifies the financial responsibility of the counties and state as upheld by Florida’s courts. 4  Eric Poole, Assistant Legislative Director Emergency Management Email: epoole@fl-counties.com Phone: 850-922-4300 Fax: 850-488-7501 CONSENT ITEMS Shelter Funding and Standards: Consistent with the provisions of s. 252.385, F.S., which states that it is the intent of the Legislature that this state not have a deficit of safe shelter space by 1998 and thereafter, SUPPORT additional state funding for hurricane shelter spaces, including retrofitting existing facilities, and providing for the increased cost of construction for Enhanced Hurricane Protection Areas (EHPA) associated with new school construction. SUPPORT statutory revisions requiring nursing homes and assisted living facilities to have back-up power supply sources that operate a majority of the mechanical systems in the facility for a minimum of 72 hours. SUPPORT state funding for county and regional special needs patients and shelters. Background Checks for Emergency Volunteers: SUPPORT a legislative review of the intent of background screening requirements of Chapter 2010-14, Laws of Florida with respect to volunteers in emergencies. Persons with Special Needs: SUPPORT legislative changes to s.252.355 F.S. that provide additional privacy protections to all individuals who voluntarily register with local emergency management agencies. Emergency Operation Centers (EOCs): SUPPORT continued state funding for county EOCs to ensure each is able to meet the minimum structural survivability and operational space criteria established by the state and federal government and the American Red Cross. Disaster Funding: SUPPORT a 50/50 cost-share arrangement with the state for the non-federal portion of the Hazard Mitigation Grant Program (HMGP). SUPPORT the current HMGP fund allocation and project selection process defined in Rule 9G-22, Florida Administrative Code. SUPPORT the creation of an emergency bridge loan program for counties to provide a source of expedient cash flow to counties impacted by a major catastrophe. Alternatively, SUPPORT expanding the current Florida Small Business Emergency Loan Program by making counties eligible applicants. Emergency Management Credentialing: To strengthen the professionalism of County Emergency Management Directors, SUPPORT efforts that provide enhanced training and education opportunities for County Emergency Management employees. OPPOSE any state mandated training and hiring requirements for County Emergency Management Directors. 5 NEW AND REVISED ITEMS Emergency Management Preparedness and Assistance (EMPA) Trust Fund: SUPPORT maintaining the original intent and purpose of the EMPA Trust Fund, which is to serve as a funding source for state and local emergency management programs, by ensuring that all monies collected for purposes of funding emergency management, preparedness and assistance are deposited into the EMPA Trust Fund and spent on emergency management activities. Accordingly, FAC’s OPPOSES legislative